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Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
.... the confession of the accused the trial Court did find that there was illicit relationship between Velua Khatun and Siraj. The High Court Division failed to consider this aspect of the matter and wrongly held that the accused caused the death of his wife on an unfounded suspicion. 11. Th......y tendered for cross‑examination. The witnesses are mostly formal witnesses including the doctor PW 11 who held post mortem examination of the deceased Velua Khatun, PW 12 the Magistrate who recorded the confession, and PW I the Police Officer who investigated the case. The accused......th imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....articularly of the Ministry of Establishment, (respondent No. 2) that the Ministry of Energy (respondent No. 1), had no authority to appoint the appellant on a permanent basis appears to have been wrongly upheld by the High Court Division. From the papers on record, it is clear that respondent N......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....oned property. The suit was decreed and the Government took an appeal from the said decree. In the Memo of Appeal it has been asserted that the issue as to the maintainability of the suit has been wrongly decided by the trial Court. It has further been asserted that it ought to have been held th......on of the law‑maker by emphasising on the impact of a civil Court decree passed in a suit wherein by prescription the Government is made a party. I have already considered the submissions and recorded my opinion. I do not think that there is any scope to contend that a decree of the kind re...... The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ed in view of his old age. He is father of appellant Nos 2 and 3. In the record of this appeal, his age has not been mentioned. Mr, Abdul Momin Talukder has submitted that age of this appellant was recorded to be 90 years in his statement under section 342 Cr.P.C. and that he himself conducted th......tained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....iance with the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed without giving any opportunity to the res...... or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At that enquiry oral evidence shall be heard and recorded and the persons charged shall be entitled to cross‑examine the witness to give evid......Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- on- Record -For the Appellant. A Rab Chowdhu......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and 1721, ...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....a cousin named Aser Mondal as his heirs. Aser Mondal died leaving behind defendant Nos. 1‑ 11 (respondent Nos. 9‑21 in this appeal) as his heirs. During rent roll operation the suit land had been wrongly recorded in the name of Aser Mondal, taking advantage of which the heirs of Aser Mondal sold...... named Aser Mondal as his heirs. Aser Mondal died leaving behind defendant Nos. 1‑ 11 (respondent Nos. 9‑21 in this appeal) as his heirs. During rent roll operation the suit land had been wrongly recorded in the name of Aser Mondal, taking advantage of which the heirs of Aser Mondal sold some pa....... Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
.... the ground of violation of fundamental right the High Court Division ought not to have rejected his petition summarily. In examining the locus standi of the writ petitioner the High Court Division wrongly referred to clause (5) of Article 102 of the Constitution. That provision does not by itse......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947; Prithi Pal Singh vs. Union of India AIR 1982(SC) 1413; KD Gupta vs. Union of India AIR 1983 (SC) 1123 and Ran......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....estion of estoppel in demanding the customs duty on the basis of subsequent SRO in force at the relevant time. The learned Additional Attorney-General mainly submitted that the High Court Division wrongly relied on the decisions of the High Court Division and the Appellate Division in the case o...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......t in some cases, the High Court dealing with the second Appeal is inclined to take the view that what it regards to be justice or equity of the cases has not been served by the finding of facts recorded by Courts of fact; but on such occasions it is necessary to remember that what is adminis......) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....emature, it was finally held. 6. Leave, to appeal was obtained on the submission that the High Court Division failed to appreciate the provision of sections 4(1) and proviso to 6(5) of the Act and wrongly held that the question of sanction does not arise before taking of cognizance. The second su......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ccordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
.... the Subordinate Judge following disposal of the leave petitions in this Division. The abatement of the suit was wholly out of question. It appears that the learned Judge of the High Court Division wrongly decided the matter upon wrong submissions made by the learned Advocate for the defendant-re......fendant No.4 had died and accordingly filed Miscellaneous Case No.25 of 1969 on 28-8-69 for substitution of his heirs after setting aside abatement. The learned Subordinate Judge, however, suo mow recorded the abatement of the suit as a whole by his order dated 10-9-69 o account of the death of......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....by the pre-emptor-respondent and six witnesses were examined by the pre-emptee appellants. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division acted wrongly in refusing to exercise his revisional jurisdiction in the present case when the judgment ...... respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the ......man J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......s which were served upon the defendants were mentioned in the firisti there was no mention of the summons upon the appellant in the firisti. The learned Subordinate Judge noticed that though it was recorded in Order No.89 dated 25-3-1976 by the Subordinate Judge, Khulna that the appellant appear......) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
.... Suit. 7. Mr. Rafiq-Ul-Huq, learned Advocate appearing for the plaintiff-petitioner, submits that the learned Single Judge of the High Court Division exercising revisional jurisdiction acted wrongly in setting aside the finding of fact of the last court of fact and, as such, the judgment ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......lip;…………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahme......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....s hovering over the impugned judgment of the Admiralty Court and those were needed to be cleared to put the appeal in its true perspective 17. Mr. AR Yusuf contends that the Admiralty Court wrongly interpreted section 69(3) and failed to read clause 18.1 of the Institute Time Clause and w...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another………………………&hellip...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....and he having deposited arrear rents for 7 months together on 1.9-1984 after receipt of notice under section 106 of the Transfer of Property Act, the learned Single Judge of the High Court Division wrongly dismissed the suit upon relying only on the statement made in the plaint. 8. At the ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......llip;………………………………………………………………Plaintiff-Appellant Vs. Md. Arifur Rahman @ Badsha Chairman………&hell......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... the decision of the trial Court both on the question of default and bonafide requirements. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted wrongly in affirming the decision of the SCC Judge when the latter on misreading of the evidence b......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ...... Rouf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Law......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......enied that he was less than 25 years of age on the date of filing the nomination paper and further asserted that he was aged about 25 years 3 months and 16 days on 1-1-95 even on the basis of his age recorded in the voters list, produced before the High Court Division by the writ petitioner. In supp......Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on -Record—For the Appella......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
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